A. Use of Services.
- The CUSTOMER agrees to take responsibility for maintaining a record of any passwords given for account access, and keep any such passwords in strict security.
- The CUSTOMER agrees to use the services provided by Peanets.com as permitted by applicable local, provincial, state, and federal laws. The CUSTOMER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any Peanets.com policy.
- Peanets.com reserves the right to refuse service to any new or existing customers.
- The CUSTOMER is solely responsible for any legal liability arising out of, or relating to, his/her web site at Peanets.com. The ACCOUNT HOLDER represents and warrants to Peanets.com that he/she holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not:
a.) violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
CUSTOMER agrees to indemnify and to hold Peanets.com, and any third party entities related to Peanets.com, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
b.) contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law.
a.) the CUSTOMER's breach of any of the forgoing representations and warranties, or
b.) any other third party claim with respect thereto.
- The CUSTOMER understands and agrees that hosting of the CUSTOMER's web site is at the sole discretion of Peanets.com. and that Peanets.com may at its sole discretion discontinue web site hosting service to any CUSTOMER operating a web site that Peanets.com deems to be in violation of Section (A.4.) of these Terms and Conditions.
- Peanets.com accounts cannot be transferred or used by anyone other than the subscriber. CUSTOMERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement, unless the CUSTOMER has entered into a Reseller Agreement with Peanets.com.
- CUSTOMER understands that all mail held on our servers that is greater than or equal to 30 days of age will periodically permanently removed from the server. This mail cannot be retrieved after removal.
- Use of other organizations' networks or computing resources is subject to their respective permission and usage policy.
- CUSTOMER will endeavour to prevent viruses from corrupting Peanets.com systems. Peanets.com may run anti-virus programs to minimize damages.
- CUSTOMER is solely responsible for all backups of web site content, databases, mail and all items related to the functionality of the CUSTOMER web site.
- CUSTOMER acknowledges that any recommendation by Peanets.com for services or products aucilliary to Peanets.com's services does not warrant the integrity or quality of the service or product provided by such third parties.
B. Abuse of Services.
- Any use of Peanets.com system resources that disrupts the normal use of the system for other Peanets.com customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, Peanets.com forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
- Depending on the nature and the severity of the abuse, the user may receive an email warning or have his/her account suspended by Peanets.com. If the misuse is unintentional, the suspension may be rescinded following discussion with Peanets.com. If the misuse is intentional, the suspension may be rescinded at the discretion of the Peanets.com. However, spamming activities will result in immediate termination of services to CUSTOMER.
- Unethical and criminal offenses are violations of Peanets.com conditions of use and will result in suspension or cancellation of the individual account and/or criminal prosecution.
C. Abusive Conduct.
- Any abuse towards Peanets.com staff or it's affiliates will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When corresponding with Peanets.com refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Peanets.com or it's employees shall be considered a violation of this TOS.
- Any threat, whether verbally, orally, written, or delivered by second parties directed towards Peanets.com or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
- Any conduct viewed as violating this section shall be considered a violation of this TOS. Peanets.com will be the sole arbitrator in regards to what is deemed a violation.
- No refunds shall be given when the contents of this section necessitates removal of the account.